Definition
A writ of entry ad terminum qui praeteriit (commonly abbreviated in historical sources as "of entry ad") was a common law real action enabling a reversioner to recover possession of land wrongfully withheld after the expiration of a lease for years. When a lessee held over beyond the term, or when a stranger occupied land without right after a lease ended, the reversioner could bring this writ to compel restoration of possession. The action was part of the larger family of writs of entry, which were designed to try title to land by reference to a specific defect or wrong in the defendant's holding.
The writ operated by alleging that the defendant's entry or continued possession was wrongful — that he held "ad terminum qui praeteriit," meaning for a term that had already passed. The reversioner needed to show a valid prior demise, the expiration of that term, and the defendant's refusal to yield up possession.
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Common Confusion
"Of entry ad" is frequently encountered in historical sources as a fragment of a longer Latin phrase. Researchers sometimes conflate it with the writ of entry in the quibus (or sur disseisin), which addressed dispossession by a stranger rather than holdover after a lease. The distinctions matter for understanding which parties had standing and what proof was required. The writs of entry as a class are also sometimes confused with the assize of novel disseisin; the key difference is that writs of entry were possessory actions framed around the origin of the defendant's title defect, while the assize directly addressed recent wrongful dispossession.
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Why It Matters in Research
This term is almost exclusively a historical artifact. The writ of entry ad was abolished in England along with the other real actions by the Real Property Limitation Act 1833 and the Common Law Procedure Act 1852, and American states similarly abolished real actions through procedural reforms in the nineteenth century. Researchers are most likely to encounter this term in:
1. Pre-nineteenth-century English and American case reports and pleading manuals, where it appears as a standard possessory remedy for reversioners.
2. Historical treatises on property law and common law pleading, particularly works discussing the graduated system of writs of entry (in the per, per and cui, and post degrees).
3. Title records and old conveyancing disputes where the procedural history references an action of this type.
The phrase "ad" in abbreviated references can cause confusion because historical sources often truncate Latin writ names. When encountering "of entry ad" in a primary source, researchers should read for the full phrase to confirm which variant of the writ is intended. Black's 2nd edition, the source of the primary definition here, relies on Brown's Law Dictionary for this entry — itself a secondary source several steps removed from the original common law authorities — so the definition should be treated as a starting point rather than a complete account.
The deeper research trail leads to the broader doctrine of reversionary interests, which survives in modern property law even after the abolition of the writ itself. The substantive right the writ enforced — the reversioner's entitlement to possession on lease termination — remains fully operative today, enforced through ejectment or summary possession proceedings.
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Historical Dictionary Support
Black's Law Dictionary (2nd Ed.) defines this term tersely, attributing it to Brown: "A writ which lay for the reversioner, when the possession was withheld by the lessee, or a stranger, after the determination of a lease for years." This captures the essential function but omits the procedural architecture around the writ — notably the degree system (per, per and cui, post) that governed how many removes from the original wrong the plaintiff's title had passed through, which determined which form of writ of entry was available.
Historical sources before Black's, including Fitzherbert's Natura Brevium and later pleading treatises, provide more granular treatment of the distinctions among writs of entry. Blackstone's Commentaries discuss the writ of entry as a class in the context of real actions generally. The brevity of Black's treatment here reflects the writ's already-obsolete status by the time of the second edition (1910); the editors were documenting a historical form rather than a living remedy.
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Jurisdictional Note
Writs of entry were never uniformly adopted across American jurisdictions; several states had limited or no practice under real actions from an early date, preferring ejectment. Researchers working with early American materials should check whether the jurisdiction in question had a functioning chancery or common law court system that recognized real actions before assuming this writ was available.
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Encyclopedia Cross-Reference
The Law Mind Property Law Encyclopedia, property_5: Future Interests — Reversion, Possibility of Reverter, Right of Entry — for the substantive property law doctrine underlying the writ's purpose.
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